VIKKY ALIAS VIKAS Vs. STATE OF M P

JUDGEMENT

(1.) Having preferred these appeals against the judgment dated 30.9.2002 passed by III Additional Sessions Judge, Katni in Sessions Trial No.401/1999, convicting the appellant Boby alias Ranjit under Section 324 of I.P.C. and appellant Vikky alias Vikas under Section 324/34 of I.P.C. sentencing them to one year R.I., this judgment shall govern disposal of the aforesaid both the appeals.

(2.) Facts of the case, in short, are that on 23.1.99 at about 9 p.m. Premchand Batra (PW-2) while going in his Maruti Van was accosted by the appellants by taking their Tata-Sumo Vehicle in front of his Maruti Van forcefully taken him along with his vehicle towards Ramanuj Daal Mill. PW-2 was assaulted by them with butt of Katta. Some how, PW-2 managed to jump out of the vehicle and escaped from the captivity of the appellants.

(3.) Dehati Nalsi Ex.P/2 was lodged by PW-2 against three unknown persons. PW-2 was sent for his medical examination in Government Hospital Katni. Maruti Van of Pw-2 was found lying in Indra Avas Gram and seized by the Police vide Ex.P/7. Appellants were arrested on 2.2.1999. Katta (Revolver) was seized from the possession of the appellant Boby alias Ranjit. F.I.R. Ex.P/ 8 was registered at Police Station Madhav Nagar Katni against unknown persons under Section 394 of IPC. On 16.2.1999, Test Identification Parade of the appellant was conducted and they were identified correctly by Premchandra Batra (PW-2).